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UK GDPR and the Price of Non-Compliance: ICO Issues New Guidance on Calculating Fines

By Mark A. Prinsley, Oliver Yaros, Reece Randall, Ondrej Hajda, Ellen Hepworth & Ana Hadnes Bruder on April 25, 2024
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The Information Commissioner’s Office (the “ICO”) has clarified the methods it will use to calculate the fines it will issue for breaches of data privacy law in the UK by publishing its latest Data Protection Fining Guidance (the “Guidance“) on 18 March 2024.

The ICO oversees compliance with the UK data protection law, including the Data Protection Act 2018 (the “Act”) and the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”) (together, the “UK Data Protection Law”). The Act empowers the ICO to issue penalty notices for breaches of the UK Data Protection Law, with the maximum amount being the higher of £17,500,000 or 4% of the concerned undertaking’s total worldwide turnover.

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Photo of Mark A. Prinsley Mark A. Prinsley

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice…

Mark Prinsley is a partner and heads the technology practice in the London office, and is a member of the firm’s Cybersecurity & Data Privacy practice. He concentrates on technology transactions, in particular IT projects and outsourcing.

A substantial element of Mark’s practice involves data protection issues and he has worked extensively for clients in the pensions and financial services sector designing and implementing GDPR compliant systems for the collection and processing of personal data by businesses and related sub-contractors, commercial transactions involving data sharing and reaction to data breach scenarios including managing data breach notifications. Recent projects Mark has worked on involving personal data include working for an automobile manufacturer implementing a connected vehicle programme globally, a supplier of facial recognition technology on methods of marketing that technology in Europe in compliance with data protection laws and for an insurtech business licensing technology and services to enable life insurers to underwrite life cover for diabetics using AI.

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Photo of Oliver Yaros Oliver Yaros

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a…

Oliver Yaros is a partner in the Intellectual Property & IT Group as well as the Technology & IP Transactions and Cybersecurity & Data Privacy practices of the London office of Mayer Brown. He advises clients on technology and outsourcing transactions with a particular focus on fintech and digital transformation projects, as well as clients operating within a broad range of sectors on data protection matters and cybersecurity incidents, intellectual property transactions and related issues.

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Photo of Reece Randall Reece Randall
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Photo of Ana Hadnes Bruder Ana Hadnes Bruder

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters…

Ana Hadnes Bruder is a partner in Mayer Brown’s Frankfurt office and an active member of the global Cybersecurity & Data Privacy practice. She is also a member of the firm’s Intellectual Property practice. Ana advises clients on data privacy and cybersecurity matters, including preparing for and reacting to cyber-attacks, assessing and making required data breach notifications, analyzing data protection implications of new products and tools and providing strategic advice with a focus on cross-border data processing. Ana further advises on Technology Transactions including cloud services, data and software licensing agreements, SaaS agreements, software development projects, e-commerce, and related Cybersecurity & Data Privacy questions.

Ana is a registered lawyer in Germany and Brazil and has ten years of international experience as legal counsel in Brazil, France and Germany. Ana started her career at Mayer Brown in the Dispute Resolution practice where she represented clients in litigation and arbitration proceedings involving complex commercial, intellectual property and liability matters.

Before joining Mayer Brown, Ana gained experience representing foreign clients in judicial proceedings in Brazil and also worked as in-house counsel for a leading French company in Paris.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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